Man Fired for Pot Use Tries to Get Job Back

An Orange County flood control employee who was fired for a positive drug test, despite his claim that he uses marijuana medicinally in accordance with new state law, filed papers with the county Monday to get his job back.

Rod Dunaway, 38, received a formal termination letter Friday for testing positive in a random drug test. He was first placed on paid suspension after informing county officials that he uses the drug for glaucoma with the knowledge of his physician.

Cynthia Pickett, field representative for SEIU Local 787, which represents Dunaway, said she filed a request Monday with the county Employee Relations Department for arbitration to contest Dunaway’s firing.

Federal Department of Transportation guidelines require Dunaway to be tested randomly for drugs, since he holds a class A license to operate heavy equipment. He had already failed a previous drug test before the passage of Prop. 215 and was placed on probation.

Pickett said Dunaway, who insists he has never come to work under the influence of marijuana, is willing to relinquish his class A license and accept another assignment.

But Orange County Sheriff Brad Gates, who led the opposition to Prop. 215, said Dunaway “was given his break and he didn’t pay attention.” The incident is an unfortunate consequence of a law he considers bad policy, Gates said.

Gates said his department is obligated to launch a criminal investigation of Dunaway to see if he in fact is entitled to use marijuana under the new law.